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COURT OF APPEALS OF VIRGINIA

Present: Judges Benton, Coleman and Elder Argued at Richmond, Virginia

MAY DEPARTMENT STORES COMPANY v. Record No. 0820-98-2 OPINION BY JUDGE LARRY G. ELDER APRIL 27, 1999

COMMONWEALTH OF VIRGINIA, DEPARTMENT OF ENVIRONMENTAL QUALITY AND DENNIS H. TREACY, DIRECTOR

FROM THE CIRCUIT COURT OF HENRICO COUNTY George F. Tidey, Judge John S. Hahn (Monica S. Desai; William C. Wood; Michael S. Ewing; Sonnenschein, Nath & Rosenthal; Rawlings & Wood, on briefs), for appellant. John R. Butcher, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

The May Department Stores Company (appellant) appeals a decision of the circuit court dismissing its administrative appeal of a decision by the Commonwealth's Department of Environmental Quality (DEQ). Appellant had sought reimbursement

from the Petroleum Storage Tank Fund (Tank Fund) 1 for certain environmental clean-up efforts. Upon DEQ's denial of its

Code

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